Delaware House Bill 121 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on June 26 2009 - 100% progression
Action: 2009-06-26 - Signed by Governor
Text: Latest bill text (Draft #1) [HTML]

This bill presents extensive revisions to Chapter 51, Title 24 of the Delaware Code to bring greater clarity and consistency to the statute and to update practice standards. The bill amends the definition of “cosmetology” to include singeing, braiding and pressing of hair. Pursuant to the proposed bill, individuals who practice in these areas must be licensed. Further, schools must become accredited. With respect to accreditation, a grandfather clause exempts schools that have been continually licensed and in good standing for more than five years prior to enactment of the statute. The bill changes the Board composition to more accurately reflect the licensee population. There will be 13 Board members: 2 cosmetologists, 2 nail technicians, 2 barbers, 2 aestheticians, 1 electrologist, 1 cosmetology instructor and 3 public members. Pursuant to the proposed bill, agents of the Division will have the authority to inspect shops and schools, both licensed and unlicensed. The Board will have the authority to require continuing education of licensees. Licensure requirements for nail technicians have been amended to update training and apprenticeship hours. A grandfather provision for nail technician apprentices is included. This amendment will bring Delaware up to the standards of most other states. Licensure requirements for instructors have also been clarified and updated. The bill states that a cosmetology instructor may also teach electrology, nail technology and aesthetics. A grandfather provision for licensure of barbering instructors is included. The bill creates two levels of licensure for barbers: barbers and master barbers. The type of license issued will depend on the applicant’s training and the examination taken. A grandfather clause is included. The bill amends the two-year late renewal period to one year and allows for the licensee to renew a lapsed license up to 4 years before requiring reinstatement. The bill amends reciprocity requirements such that an applicant coming from a state with less stringent requirements shall have worked for 5 years in the home state preceding application. The bill amends disciplinary sanctions to include a civil penalty. The provision relating to unlicensed practice has been changed to include fines for shop owners and managers. The bill amends the qualifications for licensure of aestheticians to update the education hours and the apprenticeship hours. A grandfather provision for aesthetician apprentices is included. In addition, the hour requirements for schools have been updated. The course of study must be not less than 600 hours. These changes are needed to bring Delaware licensure standards into line with those in most other states. The bill also updates the requirements for licensure as an aesthetics’ instructor, again, to ensure that Delaware meets national standards. A grandfather clause is included: a licensed aesthetician who has been teaching aesthetics prior to enactment of the statute, and who provides the Board with proof of not less than 900 hours of teaching experience, is exempted from the section. This bill becomes effective one year after its enactment into law.

An Act To Amend Title 24 Of The Delaware Code Relating To Cosmetology And Barbering And Licensure Of Aestheticians.

Rep. John Atkins [D]	Rep. Edward Bennett [D]	Sen. Colin Bonini [R]	Sen. Brian Bushweller [D]
Sen. Dorinda Connor [R]	Sen. Michael Katz [D]	Rep. John Kowalko [D]	Rep. Clifford Lee [R]
Sen. David Sokola [D]	Rep. Pamela Thornburg [R]

2009-06-17 - Senate - Senate Third Reading (Y: 18 N: 0 NV: 0 Abs: 3) [PASS]
2009-05-14 - House - House Third Reading (Y: 40 N: 0 NV: 0 Abs: 1) [PASS]

Date	Chamber	Action
2009-06-26		Signed by Governor
2009-06-17		Passed by Senate. Votes: Passed 18 YES 0 NO 0 NOT VOTING 3 ABSENT 0 VACANT
2009-06-11		Reported Out of Committee (SUNSET) in Senate with 4 On Its Merits
2009-06-04		Assigned to Sunset Committee in Senate
2009-05-14		Passed by House of Representatives. Votes: Passed 40 YES 0 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2009-04-30		Reported Out of Committee (SUNSET COMMITTEE (POLICY ANALYSIS & GOVERNMENT ACCOUNTABILITY)) in House with 4 Favorable, 1 On Its Merits
2009-04-09		Introduced and Assigned to Sunset Committee (Policy Analysis & Government Accountability) Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis145.nsf/2bede841c6272c888025698400433a04/aaed66a70d199ae78525759200513782?OpenDocument
Text	http://legis.delaware.gov/LIS/lis146.nsf/vwLegislation/HB+121/$file/legis.html?open
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/1d2d52714c747a80852575b600734dc8?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis145.nsf/7712cf7cc0e9227a852568470077336f/e3534da841bf8f5a852575d80079950f?OpenDocument